Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with these regulations, it may with specific approval of the City Council vary the regulations so that substantial justice may be done and the public interest secured, provided that such variations will not have the effect of nullifying the intent and purpose of the Master Plan, the Zoning Ordinance[1] or the Official Map, as such may exist.
[1]
Editor's Note: See Chapter 360, Zoning.
A. 
Where the Planning Board finds that, due to the special circumstances of a particular plat, the provision of certain required improvements is not requisite in the interest of the public health, safety and general welfare or is inappropriate because of inadequacy or lack of connecting facilities adjacent or in proximity to the proposed subdivision, it may with specific approval of the City Council waive such requirements subject to appropriate conditions.
B. 
Exemptions. The following uses of land shall be exempt from the requirements of this chapter:
[Added by L.L. No. 3-2009]
(1) 
A community garden, when part of a lot is licensed or leased, but not sold, for use as a community garden for a term of not more than five years.
In granting variances and modification, the Planning Board shall require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.